[Federal Register Volume 65, Number 13 (Thursday, January 20, 2000)]
[Rules and Regulations]
[Pages 3153-3154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1241]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1806, 1813, 1815, 1835, 1852, and 1872


Implementing Foreign Proposals to NASA Research Announcements on 
a No-Exchange-of-Funds Basis

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Interim rule adopted as final with changes.

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SUMMARY: This is a final rule amending the NASA FAR Supplement (NFS) to 
conform the handling of foreign proposals under NASA Research 
Announcements (NRAs) with that under Announcements of Opportunity 
(AOs).

EFFECTIVE DATE: January 20, 2000.

FOR FURTHER INFORMATION CONTACT: Celeste Dalton, NASA Headquarters, 
Code HK, Washington, DC 20546, (202) 358-1645, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    NASA is adopting as final, with changes, the interim rule published 
in the Federal Register (64 FR 48560-48562, September 7, 1999) that 
revised NFS Parts 1852, Solicitation Provisions and Contract Clauses, 
and 1872, Acquisition of Investigations. One comment, addressing 
submission requirements, was received in response to the interim rule, 
and was considered in the development of the final rule. Editorial and 
administrative changes are included in the final rule. Included in 
these changes is a revision to the proposal submission requirements to 
be consistent with internal procedures. All the revisions in this final 
rule are considered administrative or editorial and do not involve a 
significant change in Agency policy.

B. Regulatory Flexibility Act

    NASA certifies that this final rule will not have a significant 
economic impact on a substantial number of small business entities 
within the meaning of the Regulatory Flexibility Act, (5 U.S.C. 601, et 
seq.), because it only affects small business entities in the rare 
circumstance when such entities team with a foreign entity in response 
to a NRA.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the NFS do not impose any recordkeeping or information collection 
requirements, or collections of information from offerors, contractors, 
or members of the public that require the approval of the Office of 
Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 1806, 1813, 1815, 1835, 1852, and 
1872

    Government procurement.

Tom Luedtke,
Associate Administrator for Procurement.

Interim Rule Adopted as Final With Changes

    Accordingly, the interim rule published at 64 FR 48560-48562, 
September 7, 1999, is hereby adopted as final with the following 
changes:
    1. The authority citation for 48 CFR Parts 1806, 1813, 1815, 1835, 
1852, and 1872 continues to read as follows:

    Authority:  42 U.S.C. 2473(c)(1).

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    2. In section 1852.235-72, revise the date of the provision; delete 
paragraphs (l)(2) and (l)(3); redesignate paragraphs (l)((4) through 
(l)(6) as (l)(2) through (l)(4), respectively; in newly designated 
paragraph (l)(4) delete (l)(4)(i), redesignate paragraphs (l)(4)(ii) 
and (l)(4)(iii) as (l)(4)(i) and (l)(4)(ii), respectively; and revise 
to read as follows.


1852.235-72  Instructions for Responding to NASA Research 
Announcements.

* * * * *

Instructions for Responding to NASA Research Announcements--January 
2000

* * * * *

(l) Additional Guidelines Applicable to Foreign Proposals and 
Proposals Including Foreign Participation

    (1) NASA welcomes proposals from outside the U.S. However, 
foreign entities are generally not eligible for funding from NASA. 
Therefore, unless otherwise noted in the NRA, proposals from foreign 
entities should not include a cost plan unless the proposal involves 
collaboration with a U.S. institution, in which case a cost plan for 
only the participation of the U.S. entity must be included. 
Proposals from foreign entities and proposals from U.S. entities 
that include foreign participation must be endorsed by the 
respective government agency or funding/sponsoring institution in 
the country from which the foreign entity is proposing. Such 
endorsement should indicate that the proposal merits careful 
consideration by NASA, and if the proposal is selected, sufficient 
funds will be made available to undertake the activity as proposed.
    (2) All foreign proposals must be typewritten in English and 
comply with all other submission requirements stated in the NRA. All 
foreign proposals will undergo the same evaluation and selection 
process as those originating in the U.S. All proposals must be 
received before the established closing date. Those received after 
the closing date will be treated in accordance with

[[Page 3154]]

paragraph (g) of this provision. Sponsoring foreign government 
agencies or funding institutions may, in exceptional situations, 
forward a proposal without endorsement if endorsement is not 
possible before the announced closing date. In such cases, the NASA 
sponsoring office should be advised when a decision on endorsement 
can be expected.
    (3) Successful and unsuccessful foreign entities will be 
contacted directly by the NASA sponsoring office. Copies of these 
letters will be sent to the foreign sponsor. Should a foreign 
proposal or a U.S. proposal with foreign participation be selected, 
NASA's Office of External Relations will arrange with the foreign 
sponsor for the proposed participation on a no-exchange-of-funds 
basis, in which NASA and the non-U.S. sponsoring agency or funding 
institution will each bear the cost of discharging their respective 
responsibilities.
    (4) Depending on the nature and extent of the proposed 
cooperation, these arrangements may entail:
    (i) An exchange of letters between NASA and the foreign sponsor; 
or
    (ii) A formal Agency-to-Agency Memorandum of Understanding 
(MOU).
* * * * *

PART 1872--ACQUISITION OF INVESTIGATIONS

    3. In section 1872.705-2, amend the Management Plan and Cost Plan 
by deleting paragraph (a)(3)(viii)(A); redesignating paragraphs 
(a)(3)(viii)(B) and (a)(3)(viii)(C) as (a)(3)(viii)(A) and 
(a)(3)(viii)(B), respectively; and revising paragraphs (a)(3)(i), 
(a)(3)(iv), (a)(3)(vi) and (a)(3)(viii) to read as follows.


1872.705-2  Appendix B: Guidelines for Proposal Preparation

* * * * *

Management Plan and Cost Plan

    (a) * * *
    (3) * * *
    (i) Where a ``Notice of Intent'' to propose is requested, 
prospective foreign proposers should write directly to the NASA 
official designated in the AO.
* * * * *
    (iv) Proposals including the requested number of copies and letters 
of endorsement from the foreign governmental agency must be forwarded 
to NASA in time to arrive before the deadline established for each AO.
* * * * *
    (vi) Shortly after the deadline for each AO, the Program Office 
will advise the appropriate sponsoring agency which proposals have been 
received and when the selection process should be completed. A copy of 
this acknowledgment will be provided to each proposer.
* * * * *
    (viii) NASA's Office of External Relations will then begin making 
the arrangements to provide for the selectee's participation in the 
appropriate NASA program. Depending on the nature and extent of the 
proposed cooperation, these arrangements may entail:
    (A) An exchange of letters between NASA and the sponsoring foreign 
governmental agency.
    (B) An agreement or Memorandum of Understanding between NASA and 
the sponsoring foreign governmental agency.
* * * * *
[FR Doc. 00-1241 Filed 1-19-00; 8:45 am]
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